California man shot in face by alleged burglar sued for shooting back

An overview of Jay Leone’s house after he and an alleged burglar engaged in a gun battle. Leone says he persuaded alleged burglar Samuel Cutrufelli to let him use the bathroom, where he hid a gun, and that Cutrufelli shot him when he saw him re-emerge with a weapon.

A California man retaliated after an alleged burglar shot him in the head — and got sued for it.

Samuel Cutrufelli, 31, allegedly broke into 90-year-old Jay Leone's house and shot him in the jaw. Leone fired back at Cutrufelli, who is now bringing a lawsuit against Leone for shooting him "negligently."

CBS5 sanfrancisco.cbslocal.com

Ninety-year-old Jay Leone of Greenbrae, Calif., in his hospital bed in Marin General Hospital. He is being sued for causing an alleged burglar who shot him in the face bodily harm, loss of a home, dissolution of a marriage and financial hardship. He says the lawsuit is ridiculous and that he’ll countersue.

Cutrufelli, who faces attempted murder charges for the incident, is seeking compensation for "great bodily injury, and other financial damage, including loss of Mr. Cutrufelli's home, and also the dissolution of Mr. Cutrufelli's marriage."

But Leone thinks the lawsuit is ridiculous. "He's the one who busted my door in," Leone said. "I'll just countersue him then. That's what I'll need to do."

The gunfight took place around 10:45 a.m. on Jan. 3 in Greenbrae, Calif. Cutrufelli allegedly kicked in Leone's door and held him captive at gunpoint. Then Cutrufelli rummaged through the room in search of valuables, reported the Marin Independent Journal.

Leone persuaded Cutrufelli to let him use the bathroom, where he stashed a .357 revolver for self-defense.

Leone hit Cutrufelli three times before the alleged burglar grabbed Leone's gun from his hands, held it to Leone's head and pulled the trigger, but all of the bullets were already fired.

"And then he got all panicky. He ran out the door," Leone said.

Police later found a bloody Cutrufelli in his car close to Leone's home. Both men received medical attention for bullet wounds.

Cutrufelli was sentenced to six years in prison for assault with a deadly weapon in connection with a separate, 2001 incident. He could be sentenced to life in prison if convicted of attempted murder in this case.